Mediation when leaving work with EYT

Pursuant to the Law No. 6325 on Mediation in Civil Disputes and the Labour Courts Law No. 7036, as of 01.01.2018, mediation as a condition of litigation has been in force in Employer-Employee Disputes. According to the data shared by the Ministry of Justice, 72% of 2.5 million disputes have been concluded in the mediation process without proceeding to the court stage. The mediation process is also possible and mediation can be carried out in terms of people who are dismissed and dismissed with EYT, also referred to as those who are stuck in retirement age, as in other labour-employer disputes.

What are the Rights of the Employee and the Employer in the Mediation Process?

People who will quit their jobs with EYT can bring up all compensation and receivable rights arising from labour law such as Severance Pay, Notice Pay, Wage, Premium, Overtime Work Fee, Week Holiday Fee, National Holiday and General Holiday Fee, Minimum Living Allowance, Travel Money, Meal Money, Annual Leave Fee, which may be in dispute between the parties if a lawsuit is filed, in the mediation process and they can take their rights regarding these items and exit the job through the mediation process. The application of the mediation method in this process is important in terms of protecting the rights of the parties and securing the interests of the parties.

How to Apply for EYT Mediator?

EYT Mediation application can be made by the employee or employer by directly applying to any of the mediators registered in the Official Registry of the Ministry of Justice. Mediators initiate the process by processing the mediation application of the parties through UYAP (National Judicial Network Project) of the Ministry of Justice. The process proceeds entirely through the Ministry of Justice’s Uyap Mediator Portal and becomes official before the Ministry.

EYT Mediator and Importance of Mediation Process

In the process of labour receivable payments to be made to retired and dismissed workers benefiting from EYT, the mediation meeting conducted under the control of the expert mediator registered in the official registry of the Ministry of Justice and the EYT Mediation Agreement Document kept as a result have the effect of a court decree. Therefore, the employee or employer can no longer file a lawsuit about the dispute subject to mediation. Since the mediation process is confidential, the process is carried out under the control of the mediator and personally between the workplace official or representative and the employee, and the content of the agreement made remains confidential to third parties. The EYT Mediation Final Minutes are sent by the mediator to the Ministry of Justice through the UYAP system, and both the Ministry of Justice and the Courts are aware that the parties have reached an agreement on EYT, termination of employment and labour payments through the UYAP system.

Benefits of EYT Mediation Agreement for Employers

Severance Pay, Notice Pay, Wage, Premium, Overtime Work Wage, Week Holiday Wage, National Holiday and General Holiday Wage, Minimum Living Allowance, Travel Money, Meal Money, which can be paid to the employee who is dismissed with EYT within the scope of mediation, In terms of all payments such as Annual Leave Fees, the Court is now completely closed, and the employer is saved from paying large amounts of compensation and interest for many labour receivables that cannot be proved during a possible trial, long-lasting trial processes, attorney and trial expenses.

Benefits of EYT Mediation for the Worker

With the EYT, the employee who is dismissed from his/her job reaches his/her receivables in a short time without having to wait for a long litigation and execution process in order to obtain compensation and receivable rights related to the periods he/she worked, and guarantees the amount of the agreement with the mediation agreement document, which has the force of a court decision.

Scope of EYT Mediation Agreement

In the mediation process, in terms of labour receivables and compensation items, a receivable and compensation calculation is not made by the mediator as in the Courts, an agreement amount is determined where the parties will meet in the middle and the mediation minutes and agreement document are issued with the acceptance of the employer and the employee. Thus, the judicial remedy is closed for all labour receivable items included in the EYT mediation minutes and the process is finalised for the parties.

In addition, not only the labour receivables, but also other disputes between the employee and the employer, such as advance payment or lending, can be added to the mediation agreement document within the scope of the mediation agreement.

In the EYT mediation process, it may be possible to postpone, instalment or other payment alternatives for the labour receivables agreed by the parties with the acceptance of both parties.

Is it possible for the worker who has made an insurance exit by benefiting from EYT to be employed in the same job again?

The employee who leaves the job with EYT can start working in another workplace or can continue to work in the same workplace by making an insurance entry. There is an insurance premium advantage of 5% when leaving work with EYT. In addition, the employee who leaves work with EYT can receive the severance pay he legally deserves. Therefore, the parties may want to prefer this way of dismissal and subsequent re-employment. The most important point here is to guarantee labour rights and receivables with mediation when leaving the job. The employee with EYT can request his/her exit from work with EYT in order to receive severance pay for the period he/she worked, and the employee and the employer can conclude an eyt mediation agreement on both severance pay and other labour receivables.

This content has been automatically translated into English from the Turkish original.